The Jameis Winston Rape Lawsuit Has Some Damaging New Information
On Thursday, April 16, two weeks shy of the NFL draft, Erica Kinsman filed a civil complaint against Jameis Winston, the FSU quarterback who will almost certainly be one of the draft's top picks. Kinsman is suing Winston for "sexual battery, assault, false imprisonment, and intentional infliction of emotional distress arising out of forcible rape" that she says happened early on the morning of December 7, 2012.
The lawsuit—obtained by VICE Sports and embedded at the bottom of this report—contains two new bits of information that could prove damaging for Winston.
The first is then-Winston teammate Ronald Darby's remorseful Facebook message the morning after the assault—Darby is one of two FSU players who was present the evening of the assault.
The second is that Kinsman's legal team has located the cab driver who took Kinsman to Winston's apartment the evening of the assault—something both the Tallahassee Police Department and state attorney's office had failed to do.
According to the suit Kinsman filed against Winston, on the evening of December 6, 2012, she met Winston—whom she did not know or recognize at the time—at a popular bar just off of FSU's campus. While there, a man who she believed to have been Winston "offered [Kinsman] a shot of an unknown liquor, which she consumed." She eventually ended up in a cab with Winston and two of his teammates, Chris Casher and Ronald Darby. Back at Winston and Casher's apartment, she says that Winston took her into his bedroom, removed her clothes, and raped her despite her protests. While Winston had her on the bed, the suit says, Darby and Casher were watching, with Casher filming part of it. The Tallahassee Police Department (TPD) did not interview Casher until November 2013 and by that time he said he had deleted the video and gotten rid of the phone.
The complaint adds a new wrinkle to this story: "Darby also entered the room but told Winston, 'Dude, she is telling you to stop,'" it reads. In response, Kinsman says, "Winston picked her up in a fireman's carry, walked her into his bathroom, deposited her onto the hard floor, and locked the door." Kinsman says that Darby then left.
For the first time ever, we learn that "the next day, [Darby] posted to his Facebook page 'I feel the worst I almost felt in my life Smh #stupid.'"
On the same day in November 2013 that the TPD publicly released a heavily redacted version of the initial police report, Casher and Darby, at the behest of Winston's lawyer and before police could interview them, drafted affidavits of what they remembered from that night 11 months earlier. In his affidavit, Darby said nothing about trying to stop Winston and instead swore that after Casher "walked in Jameis' room and the girl told Chris to get out," she then "got up [and] turned off the light and shut the bedroom door." Darby was was interviewed by the TPD 2 days after giving his affidavit. In that interview he did not say anything about intervening. Instead, he backed up what he said had sworn to two days earlier.
Finally, it appears that Kinsman's legal team has found the cab driver from the morning of December 7 that the TPD and state attorney were unable to locate.
In her complaint, Kinsman says, "the cab driver observed the Plaintiff appeared to be impaired." This is a curious sentence because, so far, no one had located the cab driver. Whether Kinsman got into the cab on her own, whether she was intimidated into getting in the cab, and whether she knew what was happening while in the cab are questions that were raised during the
disciplinary hearing and by people who question whether she has lied about the entire incident and is covering up for consensual sex she later regretted. What the cab driver has to say could matter deeply in how this case is perceived, especially regarding Kinsman's ability to consent that night.